ORDERS:
ORDER
On March 15, 2001, I issued an Order Governing Procedure which set forth the requirements and time
frames governing filings in appeals. This Order was mailed to the Appellant via certified U.S. Mail,
with a return receipt signed on March 16, 2001. Pursuant to that Order, the Department of Health and
Human Services filed the Record in this matter on March 23, 2001. The Brief of Appellant was due
within 15 days of the date the Record was filed. When the Brief of Appellant was not filed within that
proscribed time limit, this office sent a letter on April 25, 2001, to the Appellant c/o Gayle F. Taylor,
via both regular and certified U.S. Mail, with a return receipt signed on April 26, 2001. That letter
asked the Appellant to inform this office within 5 days of the date of that letter if the Appellant intended
to file a brief in this matter. The letter also included this office's phone number in case the Appellant
had any questions pertaining to this case.
Administrative Law Judge Division Rule 38, entitled "Dismissal of Appeal for Failure to Comply with
the Rules" provides:
Upon motion of any party, or on its own motion, an administrative law judge may dismiss an appeal for
failure to comply with any of the rules of procedure for appeals, including the failure to comply with
any time limits provided by this section.
As of the date of this Order of Dismissal, the Appellant has failed to submit a brief and has not
communicated with this office, either orally or in writing, about whether the Appellant wishes to
continue to pursue this appeal. Furthermore, this office has granted the Appellant sufficient time in
which to contact this office, yet the Appellant has failed to do so. (1) "There is a limit beyond which the
court should not allow a litigant to consume the time of the court . . . ." Georgian Apparel, Inc. v. Todd,
303 S.C. 87, 92, 399 S.E. 2d 16, 19 (Ct. App. 1990). Therefore, since the Appellant has failed to
submit a brief in this matter as ordered by this Court, and has failed to communicate with this office, I
find that the Appellant is in default and that this case must be dismissed pursuant to Rule 38, ALJDRP.
IT IS THEREFORE ORDERED that this matter is hereby dismissed.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
May 22, 2001
Columbia, South Carolina
1. Although I recognize that this Court should make every effort to ensure fairness to pro se litigants, I feel that this office
made reasonable efforts in this matter to assist the Appellant by asking the Appellant to inform this office of his intent to file
a brief and not to file a brief 5 days from the date of the April 25 letter. |
